Public Act 099-0496
 
SB0032 EnrolledLRB099 02713 RLC 22720 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Prevention of Tobacco Use by Minors and Sale
and Distribution of Tobacco Products Act is amended by changing
Sections 1.5 and 2 as follows:
 
    (720 ILCS 675/1.5)
    Sec. 1.5. Distribution of alternative nicotine products to
persons under 18 years of age prohibited.
    (a) For the purposes of this Section, "alternative nicotine
product" means a product or device not consisting of or
containing tobacco that provides for the ingestion into the
body of nicotine, whether by chewing, smoking, absorbing,
dissolving, inhaling, snorting, sniffing, or by any other
means. "Alternative nicotine product" excludes cigarettes,
smokeless tobacco, or other tobacco products as these terms are
defined in Section 1 of this Act and any product approved by
the United States Food and Drug Administration as a non-tobacco
product for sale as a tobacco cessation product, as a tobacco
dependence product, or for other medical purposes, and is being
marketed and sold solely for that approved purpose.
    (b) A person, either directly or indirectly by an agent or
employee, or by a vending machine owned by the person or
located in the person's establishment, may not sell, offer for
sale, give, or furnish any alternative nicotine product, or any
cartridge or component of an alternative nicotine product, to a
person under 18 years of age.
    (c) Before selling, offering for sale, giving, or
furnishing an alternative nicotine product, or any cartridge or
component of an alternative nicotine product, to another
person, the person selling, offering for sale, giving, or
furnishing the alternative nicotine product shall verify that
the person is at least 18 years of age by:
        (1) examining from any person that appears to be under
    27 years of age a government-issued photographic
    identification that establishes the person is at least 18
    years of age or
        (2) for sales made though the Internet or other remote
    sales methods, performing an age verification through an
    independent, third-party age verification service that
    compares information available from public records to the
    personal information entered by the person during the
    ordering process that establishes the person is 18 years of
    age or older.
    (d) A person under 18 years of age shall not possess an
alternative nicotine product.
(Source: P.A. 98-350, eff. 1-1-14.)
 
    (720 ILCS 675/2)  (from Ch. 23, par. 2358)
    (Text of Section after amendment by P.A. 98-1055)
    Sec. 2. Penalties.
    (a) Any person who violates subsection (a) or (a-5) of
Section 1 or subsection (b) or (c) of Section 1.5 of this Act
is guilty of a petty offense. For the first offense in a
24-month period, the person shall be fined $200 if his or her
employer has a training program that facilitates compliance
with minimum-age tobacco laws. For the second offense in a
24-month period, the person shall be fined $400 if his or her
employer has a training program that facilitates compliance
with minimum-age tobacco laws. For the third offense in a
24-month period, the person shall be fined $600 if his or her
employer has a training program that facilitates compliance
with minimum-age tobacco laws. For the fourth or subsequent
offense in a 24-month period, the person shall be fined $800 if
his or her employer has a training program that facilitates
compliance with minimum-age tobacco laws. For the purposes of
this subsection, the 24-month period shall begin with the
person's first violation of the Act. The penalties in this
subsection are in addition to any other penalties prescribed
under the Cigarette Tax Act and the Tobacco Products Tax Act of
1995.
    (a-5) Any retailer person who violates subsection (a) or
(a-5) of Section 1 or subsection (b) or (c) of Section 1.5 of
this Act is guilty of a petty offense. For the first offense,
the retailer shall be fined $200 if it does not have a training
program that facilitates compliance with minimum-age tobacco
laws. For the second offense, the retailer shall be fined $400
if it does not have a training program that facilitates
compliance with minimum-age tobacco laws. For the third
offense, the retailer shall be fined $600 if it does not have a
training program that facilitates compliance with minimum-age
tobacco laws. For the fourth or subsequent offense in a
24-month period, the retailer shall be fined $800 if it does
not have a training program that facilitates compliance with
minimum-age tobacco laws. For the purposes of this subsection,
the 24-month period shall begin with the person's first
violation of the Act. The penalties in this subsection are in
addition to any other penalties prescribed under the Cigarette
Tax Act and the Tobacco Products Tax Act of 1995.
    (a-6) For the purpose of this Act, a training program that
facilitates compliance with minimum-age tobacco laws must
include at least the following elements: (i) it must explain
that only individuals displaying valid identification
demonstrating that they are 18 years of age or older shall be
eligible to purchase cigarettes or tobacco products; (ii) it
must explain where a clerk can check identification for a date
of birth; and (iii) it must explain the penalties that a clerk
and retailer are subject to for violations of the Prevention of
Tobacco Use by Minors and Sale and Distribution of Tobacco
Products Act.
    (b) If a minor violates subsection (a-7) of Section 1 or
subsection (d) of Section 1.5 he or she is guilty of a petty
offense and the court may impose a sentence of 25 hours of
community service and a fine of $50 for a first violation. If a
minor violates subsection (a-6) of Section 1, he or she is
guilty of a Class A misdemeanor.
    (c) A second violation by a minor of subsection (a-7) of
Section 1 or subsection (d) of Section 1.5 that occurs within
12 months after the first violation is punishable by a fine of
$75 and 50 hours of community service.
    (d) A third or subsequent violation by a minor of
subsection (a-7) of Section 1 or subsection (d) of Section 1.5
that occurs within 12 months after the first violation is
punishable by a $200 fine and 50 hours of community service.
    (e) Any second or subsequent violation not within the
12-month time period after the first violation is punishable as
provided for a first violation.
    (f) If a minor is convicted of or placed on supervision for
a violation of subsection (a-6) or (a-7) of Section 1 or
subsection (d) of Section 1.5, the court may, in its
discretion, and upon recommendation by the State's Attorney,
order that minor and his or her parents or legal guardian to
attend a smoker's education or youth diversion program if that
program is available in the jurisdiction where the offender
resides. Attendance at a smoker's education or youth diversion
program shall be time-credited against any community service
time imposed for any first violation of subsection (a-7) of
Section 1. In addition to any other penalty that the court may
impose for a violation of subsection (a-7) of Section 1 or
subsection (d) of Section 1.5, the court, upon request by the
State's Attorney, may in its discretion require the offender to
remit a fee for his or her attendance at a smoker's education
or youth diversion program.
    (g) For purposes of this Section, "smoker's education
program" or "youth diversion program" includes, but is not
limited to, a seminar designed to educate a person on the
physical and psychological effects of smoking tobacco products
and alternative nicotine products and the health consequences
of smoking tobacco products and alternative nicotine products
that can be conducted with a locality's youth diversion
program.
    (h) All moneys collected as fines for violations of
subsection (a), (a-5), (a-6), or (a-7) of Section 1 and
subsection (b), (c), or (d) of Section 1.5 shall be distributed
in the following manner:
        (1) one-half of each fine shall be distributed to the
    unit of local government or other entity that successfully
    prosecuted the offender; and
        (2) one-half shall be remitted to the State to be used
    for enforcing this Act.
    Any violation of subsection (a) or (a-5) of Section 1 or
subsection (b) or (c) of Section 1.5 shall be reported to the
Department of Revenue within 7 business days.
(Source: P.A. 98-350, eff. 1-1-14; 98-1055, eff. 1-1-16.)